September 13, 2011 | New York Law Journal
Back to College: Still Covered?In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs, partners at Shayne, Dachs, Corker, Sauer & Dachs, write that it is clear that a child who attends school away from home or serves in the military can benefit from the coverage afforded by his or her parents' policy. And, indeed, they note, it should be noted that such coverage works both ways -- protection may also extend to parents who borrow an automobile that is registered and insured in a child's name, while that child is away at school or in the military.
By Norman H. Dachs and Jonathan A. Dachs
12 minute read
January 11, 2005 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs, attorneys with Shayne, Dachs, Stanisci, Corker & Sauer, write that the Court of Appeals has held that an insured who prevails in an action brought by an insurer seeking a declaratory judgment that it has no duty to defend or indemnify the insured may recover attorney's fees expended in defending against the declaratory judgment action regardless of whether the insurer provided a defense to the insured.
By Norman H. Dachs and Jonathan A. Dachs
10 minute read
September 12, 2006 | New York Law Journal
Insurance LawNorman Dachs and Jonathan A. Dachs, members of Shayne, Dachs, Stanisci, Corker & Sauer, address the issue left unanswered by the Court of Appeals in Automobile Insurance Co. of Hartford v. Cook, -- i.e., "whether acts of self-defense are intentional acts precluding coverage under a homeowner's policy" -- by elucidating the positions and contentions of both sides to this dispute.
By Norman Dachs and Jonathan A. Dachs
14 minute read
July 14, 2009 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs, partners at Shayne, Dachs, Corker, Sauer & Dachs, write that it is noteworthy when the state's highest Court speaks on the subject of uninsured/underinsured motorist insurance twice within a span of three weeks, as it did last month. The recent decisions by the Court of Appeals on issues pertaining to the practicalities and logistics of insurance law, they say, are interesting, important, and instructive to practitioners and litigants alike.
By Norman H. Dachs and Jonathan A. Dachs
13 minute read
September 13, 2005 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs of Shayne, Dachs, Stanisci, Corker & Sauer call for the clarification of certain provisions pertaining to supplementary uninsured and underinsured motorist coverage and recommend several amendments to the regulations which would eliminate internal inconsistencies and limit potential litigation.
By Norman H. Dachs and Jonathan A. Dachs
15 minute read
November 02, 2007 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs, practitioners with Shayne, Dachs, Stanisci, Corker & Sauer, mark the 20th anniversary of their coauthorship of the Law Journal's "Insurance Law" column with some of their "greatest hits" on the vital importance of reading carefully the actual language of an insurance policy, rather than assuming the contents thereof.
By Norman H. Dachs and Jonathan A. Dachs
14 minute read
September 11, 2007 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs, practitioners with Shayne, Dachs, Stanisci, Corker & Sauer, write that one of the most significant recent developments in New York Insurance Law has been the gradual erosion of the "no-prejudice" rule - the well-established doctrine, unique to the state of New York - that an insured's failure to provide timely notice to an insurer relieves the insurer of its obligation to perform under its policy, regardless of whether the insurer can demonstrate prejudice.
By Norman H. Dachs and Jonathan A. Dachs
16 minute read
November 08, 2006 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs, of Shayne, Dachs, Stanisci, Corker & Sauer, write that although the Third Department has generally likened "insurance company failure" to "law office failure" and deferred to the discretion of the trial court reviewing a motion to vacate a default based upon such a failure, the Second Department has, until a year ago, consistently held that an insurance carrier's delay is insufficient to establish a reasonable excuse for a default.
By Norman H. Dachs and Jonathan A. Dachs
13 minute read
July 13, 2004 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs of the firm of Shayne, Dachs, Stanisci, Corker & Sauer write that when the concept of uninsured motorist coverage first came into being, the benefits of such coverage were extended to qualified persons "occupying" the motor vehicle at the time of the accident.
By Norman H. Dachs and Jonathan A. Dachs
14 minute read
May 06, 2008 | New York Law Journal
Insurance LawNorman H. Dachs and Jonathan A. Dachs of Shayne, Dachs, Stanisci, Corker & Sauer report upon the state of New York Insurance Department's "Annual Ranking of Automobile Insurance Complaints." In addition, this article discusses an interesting and significant case that is on its way to the Court of Appeals, which deals with the type of service that triggers the notice of lawsuit requirement under a liability policy.
By Norman H. Dachs and Jonathan A. Dachs
10 minute read